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MSPB Charges & Penalties
A Charging Manual
By: Fowler & Vitaro
Price: $275.00
Edition: 10th/2018
Sku: 18MSCP
ISBN: 978-1-941825-51-8; 1-941825-51-6
Availability: Out-Of-Stock
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18MSCP

Nothing is more important than the agency charge.
It is the driving force in an adverse action.
Appellant’s don’t win—agencies lose by mischarging.

MSPB Charges and Penalties: A Charging Manual is the bible on adverse action charges, charge drafting, proof requirements and elements, defenses to each charge, and penalties. This tenth edition is reorganized to maximize, in a quick, easy-to-master way, all charges, rules, applicable law, nuances, and tips to win. Part I is a close cousin to a military charging manual, listing virtually all charges, their nuances, elements and proof requirements, the prominent cases won and lost on each charge, as well as the pros and cons, pitfalls, and defenses on each charge. Part II details how to select and draft charges and how to avoid charging errors, including tips on how to use easy-to-prove charges. Part III covers the Douglas factors, penalty deference, how to make a penalty showing, and how to avoid penalty missteps. Both Parts II and III offer extensive discussion on providing clear notice, distinguishing between constitutional and statutory violations, as well as tips on avoiding common due process traps. A key feature of these two parts: each chapter provides at its start and conclusion Quick-Guides in bullet form containing the essentials and need-to-know nuances in that chapter. These comprehensive checklists are a must-know for counsel (agency and private), union representatives, and HR personnel. A new Part IV details affirmative defenses usually invited by certain charges. The critical topics are back and updated.

Special Features in the 2018 Edition

Updated annually with case law and regulatory changes. This edition features a completely reorganized text, following closely to the charging process. A special addition this year is a new "Part Four" featuring a detailed discussion of affirmative defenses invited by certain charges.

Major topics include:

Part One—The Agency Charge

The Basics, The Essentials—Adverse Actions

Charges and Proof Requirements

Part Two—Framing or Writing the Charge

Cause—The Official, CSRA Charge

"Specific Reasons" Notice Cause as Satisfying Service Efficiency

Charges—The Kinds of Charges, Their Parts, Their Rules

The Specific Label Charge

Generic, Narrative Charges

The Conjunctive Charge

Charge Interpretation

Merger, Multiplicity of Charges, and Administrative Double Jeopardy

Notice; Due Process

Key Charges and Their Alternatives

Special, Unique, Often Job-Ending Charges—Security-Related Issues; Conditions of Employment, Inability to Perform, Illegal Drug Use

The Indefinite Suspension Charge

Power Charging—Charging Down, Proving Up; Charging in the Alternative

Selecting, Drafting the Charge; Working With Proposing, Deciding Officials

Part Three—The Penalty

Penalty Basics and Fundamentals

Penalty Review and Deference

The Douglas Factors By the Numbers

Tricks of the Trade—Selling/Attacking the Penalty; Dealing With Deciding Officials

Part Four—Charges and Affirmative Defenses

Charges and Affirmative Defenses



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19MSCP (2019) MSPB Charges & Penalties

An annually-updated Dewey Best Seller. Using Board and Federal Circuit cases as examples, Charges & Penalties offers the most comprehensive analysis and authoritative advice on adverse actions, charge drafting, and penalty selection. Major topics include the basics of adverse actions and charges; causation; charge classification; specific, generic, and narrative charges; power charging; lesser-included offenses; charge interpretation; notice and due process; the conjunctive charge; indefinite suspensions and security-related charges; merging, selecting and drafting the charge; advice for proposing and deciding officials; the penalty; and charges and proof requirements. (more details)




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